Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698931940990.pdf (New Zealand)
Customs and Excise Amendment Act 2004 Public Act Date of assent 2004 No 55 1 July 2004 Contents Title Commencement Interpretation Part 2 heading amended New heading inserted Customs places New heading inserted Customs controlled areas Customs facilities New heading and sections 19A to 19H inserted Customs­approved areas for storing exports (CASEs) Purpose of sections 19B to 19H Areas that may be licensed as CASEs Application for area to be licensed as CASE Licences for CASEs Access of Customs ofﬁcers to CASEs Examination of goods to be exported and that have been brought to CASE Detaining and searching vehicles for goods to be exported and that have been brought to CASE Customs facilities in CASEs 19A 19B 19C 19D 19E 19F 19G 19H Page 5 5 6 8 8 8 8 8 8 9 9 10 10 10 11 11 1 Customs and Excise Amendment Act 2004 2004 No 55 Goods subject to control of Customs Advice of arrival, etc Requirement to answer questions Certiﬁcate of clearance New section 34A inserted 34A Fees and charges relating to granting certiﬁcate of clearance Departure to be from Customs place only New Part 3A inserted Part3A Customs access to and use of information about border­crossing goods, persons, and craft Preliminary provisions 38A 38B Interpretation Purpose of this Part Who must give Customs access to information 38C Persons to whom section 38D or section 38E applies Information to which access must be given 38D 38E 38F Information about border­crossing craft Information about border­crossing persons Further provisions about giving Customs access to information under section 38D or section 38E Use of information to which access must be given 38G Controls on use by Customs of information Searching and viewing by Customs of information about border­crossing persons Information about travel within 28­day period Information about other travel may be searched for information relating to travellers within 28­day period Search and viewing warrants Search and viewing without warrant in emergencies Procedure if viewing of information
 not authorised 38H 38I 38J 38K 38L 38M Security of applications for warrants 38N Information and disclosure in section 38M(7) No 55 Customs and Excise Amendment Act 2004 Miscellaneous provisions 38Q 38O 38P Disposal of information collected by Customs Protection of persons acting under authority of Part Part does not limit other access to or use of information Entry of goods for export Regulations relating to entry of goods for export New section 50A inserted 50A New headings and sections 53A to 53J inserted Fees and charges relating to exportation of goods Customs seals Customs seal may be applied to goods for export 53A 53B Warning notices for packages to which seal applied Customs­approved secure exports schemes 53C Chief Executive may approve secure exports scheme Purpose of secure exports scheme 53D 53E Matters to be speciﬁed in secure exports scheme 53F Matters to be acknowledged in secure exports 53I 53J 53H 53G scheme Goods to be exported under Customs­approved secure exports scheme may be exported under drawback Application of Customs seals to goods to be exported under Customs­approved secure exports schemes Exporters may be involved in exportation of goods outside Customs­approved secure exports scheme Review of Customs­approved secure exports scheme New section 95A inserted 95A Registered users New section 134A inserted 134A Conditions may be imposed on registered users Cancellation of registration of registered user Searching vehicles Questioning persons Giving Customs access to business records Customs and Excise Amendment Act 2004 2004 No 55 New section 145A inserted 145A Questioning persons about identity, address, travel movements and entitlement, and other matters New section 146 substituted 146 Questioning employees of airlines, shipping
 companies, owners or operators of certain vehicles, etc New section 147A inserted 147A Evidence of answers to questions under section 145A Detention of persons New sections 148A and 148B inserted 148A Detention of person questioned under section 145A 148B Detention of persons committing or about to commit certain offences Persons to whom sections 149A and 149B(1) apply New section 149BA inserted 149BA Searching of persons for dangerous items Seizure of items found Examination of goods subject to control of Customs New sections 166A to 166F inserted 166A Detention of goods suspected to be tainted property 166B Return of cash necessary to satisfy essential human needs 166C Further provisions about detention under section 166A 166D Return of goods detained under section 166A 166E Extension of 7­day period in section 166D(1)(a) 166F Custody of certain goods detained under section 166A Failure to produce evidence of identity and entitlement to travel Offences in relation to arrival of craft Offences in relation to manufacture, movement, and storage of goods New sections 205A and 205B inserted 205A Offences relating to failure to give Customs access to information No 55 Customs and Excise Amendment Act 2004 40 41 42 43 44 45 46 47 205B Offence relating to disclosing whether required to give Customs access to information New section 210A inserted 210A Offences in relation to Customs seals and Customs­approved secure exports schemes New section 215A inserted 215A Offences in relation to certain detained goods Goods forfeited New sections 281 to 282A substituted 281 282 282A Customs may for certain purposes collect, use, or Disclosure of information overseas Information that may be disclosed disclose certain information Regulations Chief Executive may make rules for certain purposes New section 288A inserted 288A Use of reasonable force must be
 reported Amendments consequential on enactment of section 24 of Customs and Excise Amendment Act (No 2) 2002 and section 32 of this Act s 2 53 53 54 54 54 55 55 55 58 59 60 61 61 61 62 The Parliament of New Zealand enacts as follows: 1 (1) (2) 2 (1) (2) Title This Act is the Customs and Excise Amendment Act 2004.
In this Act, the Customs and Excise Act 1996 is called “the principal Act”.

Commencement Sections 10, 15 to 17, 20, 39, and 44(3) and (4) come into force on the day that is 3 months after the date on which this Act receives the Royal assent.

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
5 s 3 3 (1) Customs and Excise Amendment Act 2004 2004 No 55 Interpretation Section 2(1) of the principal Act is amended by inserting, after the deﬁnition of Customs Appeal Authority or Authority, the following deﬁnitions: “Customs­approved area for storing exports or CASE means an area— “(a) that is used for the purpose in section 19B (whether or not it is used for any other purpose); and that is not required to be, but that is, licensed as a Customs­ap­ proved area for storing exports (or CASE) under section 12(1) (as applied by section 19C(2)) “(b) “Customs­approved secure exports scheme means, in relation to goods that are to be exported (whether under drawback or not), a scheme, approved by the Chief Executive under section 53C,— “(a) for the packing of the goods, in a Customs­approved secure package, by approved persons, in approved conditions, and subject to approved requirements (including, without limita­ tion, a requirement that a seal or markings in an approved form be applied to the package, as soon as it is secured,— “(i) to show that, when it was secured, the package con­ tained only the goods, and was secured in an approved way; and to help to identify interference or tampering with the package after it is secured); and “(ii) for the immediate conveyance (on the completion of the pack­ ing of the goods in that way) of the Customs­approved secure package, by approved persons and in an approved manner, to the place of shipment for shipping, or, if it is not in that way immediately conveyed and shipped, to some approved place or places of security en route to the place of shipment; and for the goods, from the time when they are ﬁrst secured in a Customs­approved secure package until the exportation of the goods to a point outside New Zealand, to be goods subject to the control of the Customs; and for the powers of detention and search in section 144(4) to be available in respect of a vehicle in New Zealand if there are suspected to be in or on the vehicle goods that are, or are suspected to be,— “(i)
 subject to the control of the Customs; and “(b) “(c) “(d) 6 2004 No 55 Customs and Excise Amendment Act 2004 s 3 “(e) in a Customs­approved secure package; and “(ii) for a Customs ofﬁcer to be empowered, under section 146(2), to question any or all of the following persons about any cargo destined to be exported from New Zealand: “(i) a person who is the owner or operator of a vehicle that a Customs ofﬁcer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a Customs­approved secure package: a person who is the owner or occupier of premises that a Customs ofﬁcer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a Customs­approved secure package: “(ii) “(iii) a person employed by a person described in subpara­ graph (i) or (ii); and “(f) for the powers in section 151 (which include powers of exam­ ination) to be available in respect of goods that are, or are sus­ pected to be,— “(i) “(ii) subject to the control of the Customs; and in a Customs­approved secure package “Customs­approved secure package means a package of a kind that is approved by the Chief Executive under section 53C for the pur­ poses of a Customs­approved secure exports scheme.” (2) Section 2(1) of the principal Act is amended by inserting, im­ mediately before the deﬁnition of Customs value or value, the following deﬁnition: “Customs seal, in relation to a package of goods to be exported, means a seal approved by the Chief Executive for application to the package, as soon as it is secured (and in accordance with a notice under section 53A)— “(a) to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and to help to identify interference or tampering with the package after it is secured”.
The deﬁnition of New Zealand in section 2(1) of the prin­ cipal Act is amended by omitting from paragraph (b)(iv) the expression “section 226(2)”, and substituting the expression “sections 166A and 226(2)”.

“(b) (3) 7 s 4 Customs and Excise Amendment Act 2004 2004 No 55 Part 2 heading amended The Part 2 heading of the principal Act is amended by omitting the words “and Customs Controlled Areas”, and substituting the words “Customs controlled areas, and Customs­approved areas for storing exports”.
New heading inserted The principal Act is amended by inserting, before section 9, the following heading: “Customs places”.

New heading inserted The principal Act is amended by inserting, before section 10, the following heading: “Customs controlled areas”.

Customs facilities The heading to section 18 of the principal Act is amended by adding the words “in Customs controlled areas”.
New heading and sections 19A to 19H inserted The principal Act is amended by inserting, after section 19, the following heading and sections: “Customs­approved areas for storing exports (CASEs) “19A Purpose of sections 19B to 19H The purpose of sections 19B to 19H is to enable an area to be licensed as a CASE so that— “(a) goods to be exported are (under section 20(1)(b) and (c)), from the time they are brought to the area (whether or not the goods are later transported from that area to another area of any kind, and, if the goods are so trans­ ported, during the transportation) until they are exported to a point outside New Zealand, subject to the control of the Customs: the Customs may, as provided in section 19E, access the area under section 150: “(b) 8 2004 No 55 Customs and Excise Amendment Act 2004 s 8 “(c) “(d) “(e) to be exported; and that have been brought to a CASE: the powers in section 151 (which include powers of examination) are available in respect of goods that are subject to the control of the Customs because they are goods— “(i) “(ii) the powers of detention and search in section 144(3) are available in respect of a vehicle if there are suspected to be in or on the vehicle goods that are subject to the control of the Customs because they are goods— “(i) “(ii) the owner or occupier of the area or person operating in the area may be required to provide and maintain operating areas, accommodation, facilities, buildings, equipment, and storage reasonably necessary and suit­ able for the carrying out of the functions and responsi­ bilities of the Customs.
to be exported; and that have been brought to a CASE: “19B Areas that may be licensed as CASEs “(1) An area may be licensed as a CASE only if the area is used (whether or not it is used for any other purpose) for the pur­ pose of storing goods for export (temporarily or otherwise) until they are transported (either directly or via another area or areas) to the place of shipment and shipped.
“(2) An area used for the purpose of storing goods for export is used for the purpose stated in this section even though the area is also used for the purpose of consolidating, packing, repacking, treating, or otherwise handling those goods.
“19C Application for area to be licensed as CASE “(1) An application for an area to be licensed as a CASE— “(a) may be made by the owner or occupier of, or person operating in, the area; and “(b) must be made in such form, and contain such particu­ lars, as may be prescribed.
“(2) The following sections apply to an application under this sec­ tion as if it were an application for the area concerned to be licensed as a Customs controlled area: 9 s 8 Customs and Excise Amendment Act 2004 2004 No 55 “(a) “(b) section 11(2) and (3) (which relates to an application for a licence); and section 12 (except subsections (3)(c), (4), and (5)) (which relates to the grant or refusal of a licence).
“19D Licences for CASEs “(1) If a licence for a CASE is granted under section 12(1) (as ap­ plied by section 19C(2)) and is subject to terms, conditions, or restrictions, section 13 (variation or revocation of conditions) applies to those terms, conditions, or restrictions as if the li­ cence were a licence for a Customs controlled area.
“(2) Section 14 (revocation or suspension of licence) applies to a licence for a CASE that is granted under section 12(1) (as ap­ plied by section 19C(2)) as if it were a licence for a Customs controlled area.
“(3) However, for the purposes of subsection (2), section 14(1)(b) must be read as if for the words ‘any of the purposes described in paragraphs (a) to (f) of section 10 of this Act for which the area is licensed’ there were substituted the words ‘the purpose in section 19B (whether or not it is used for any other pur­ pose).’ “19E Access of Customs ofﬁcers to CASEs Section 150 applies to a CASE as if the area were a Customs controlled area; and section 173 applies accordingly.
“19F Examination of goods to be exported and that have been brought to CASE “(1) The powers in section 151 are available in respect of goods that a Customs ofﬁcer has reasonable cause to suspect are subject to the control of the Customs because they are goods— “(a) “(b) to be exported; and that have been brought to a CASE.

“(2) Nothing in this section limits section 20 or section 151.
10 2004 No 55 Customs and Excise Amendment Act 2004 s 9 “19G Detaining and searching vehicles for goods to be exported and that have been brought to CASE “(1) The powers in section 144(3) are available in respect of goods that a Customs ofﬁcer has reasonable cause to suspect are sub­ ject to the control of the Customs because they are goods— “(a) “(b) to be exported; and that have been brought to a CASE.

“(2) Nothing in this section limits section 20 or section 144.
“19H Customs facilities in CASEs “(1) The licensee of any CASE licensed under this Act must pro­ vide and maintain any operating areas, accommodation, facil­ ities, buildings, equipment, and storage that the Chief Execu­ tive determines are reasonably necessary and suitable for the carrying out of the functions and responsibilities of the Cus­ toms.
“(2) The licensee may levy the Customs such charge or charges as are reasonable for any operating areas, accommodation, facil­ ities, buildings, equipment, and storage provided in accord­ ance with subsection (1).

“(3) The licensee of every CASE must store goods subject to the control of the Customs in such manner and in such location as the Chief Executive may direct.
“(4) The licensee must be advised by notice in writing of a deter­ mination by the Chief Executive under subsection (1) or a di­ rection by the Chief Executive under subsection (3).
“(5) A licensee who is dissatisﬁed with a determination by the Chief Executive under subsection (1) or a direction by the Chief Executive under subsection (3) may, within 20 work­ ing days after the date on which notice of the determination or direction is given, appeal to a Customs Appeal Authority against that determination or direction.” 9 Goods subject to control of Customs Section 20(1) of the principal Act is amended by repealing paragraphs (b) and (c), and substituting the following para­ graphs: 11 s 10 Customs and Excise Amendment Act 2004 2004 No 55 “(ab) where the goods are to be exported (whether under drawback or not) and are in a package to which a Customs seal has been applied (whether or not any other paragraph of this subsection applies to the goods), from the time when a Customs seal is ﬁrst applied to the package until the exportation of the goods to a point outside New Zealand; or “(ac) where the goods are to be exported (whether under drawback or not) under a Customs­approved secure exports scheme (whether or not any other paragraph of this subsection applies to the goods), from the time when the goods are ﬁrst secured in a Customs­approved secure package until the exportation of the goods to a point outside New Zealand; or “(b) where the goods are to be exported under drawback, from whichever is the earlier of the following times until the ex­ portation of the goods to a point outside New Zealand:— “(i) “(ii) the time of the claim for drawback; or the time when the goods are brought to a Customs con­ trolled area or to a CASE (whether or not the goods are later transported from that area to another area of any kind, and, if the goods are so transported, during the transportation); or “(c) where the goods are to be exported otherwise than under draw­ back, from the time when the goods are brought to a Customs controlled area or to a CASE (whether or not the goods are later transported from that area to another area of any kind, and, if the goods are so transported, during the transportation), until their exportation to a point outside New Zealand; or”.
Advice of arrival, etc Section 21(1) of the principal Act is amended by repealing paragraph (a), and substituting the following paragraph: give to the Customs, in such form and manner (for example, in an electronic form and manner) as may be approved in writing by the Chief Executive (either generally or for a particular case or class of case), such advance notice as may be prescribed of any or all of the following matters:— “(i) “(ii) “(iii) its crew: the impending arrival of the craft: its voyage: 10 “(a) 12 2004 No 55 Customs and Excise Amendment Act 2004 s 13 “(iv) “(v) “(vi) its passengers: its cargo for discharge within New Zealand (whether commercial or non­commercial): its commercial cargo not intended for discharge within New Zealand (if any): “(vii) the Customs place at which the craft will arrive; and”.
11 (1) (2) (3) Requirement to answer questions Section 22(1) of the principal Act is amended by omitting the words “This section”, and substituting the expression “Sub­ section (2)”.

Section 22(2) of the principal Act is amended by omitting the word “section”, and substituting the word “subsection”.
Section 22 of the principal Act is amended by adding the fol­ lowing subsection: “(3) A person referred to in section 145A(l) must— “(a) answer any questions asked by a Customs ofﬁcer under section 145A; and “(b) produce any documents within his or her possession or control that a Customs ofﬁcer demands under section 147A.” 12 13 Certiﬁcate of clearance Section 34(a) of the principal Act is amended by inserting, af­ ter the word “Customs”, the words “within such time or times as may be prescribed”.
New section 34A inserted The principal Act is amended by inserting, after section 34, the following section: “34A Fees and charges relating to granting certiﬁcate of clearance “(1) The Governor­General may, on the recommendation of the Minister, make regulations under section 287(1)(a) prescrib­ ing fees or charges, or both, that are payable to the Customs to meet or assist in meeting costs and expenses incurred by the Customs in granting a certiﬁcate of clearance (for example, the costs and expenses incurred by the Customs in determin­ 13 s 14 Customs and Excise Amendment Act 2004 2004 No 55 ing whether a person in charge of a craft that is departing New Zealand has complied with the requirements stated or referred to in or imposed under section 34).
“(2) No fees or charges prescribed by regulations of the kind de­ scribed in subsection (1) may meet or assist in meeting costs or expenses that are— “(a) incurred by the Customs in granting a certiﬁcate of clearance; and related to clearance of passengers.

“(b) “(3) The provisions of Part 8 that relate to the collection and re­ covery of duty apply to fees and charges prescribed by regu­ lations of the kind described in subsection (1), as if those fees and charges were a duty.
“(4) Before making a recommendation under subsection (1) in rela­ tion to any proposed regulations, the Minister must be satisﬁed that the persons that the Minister considers are representative of interests likely to be substantially affected by the proposed regulations have been consulted about the proposed regula­ tions to the extent that is reasonably practicable having regard to the circumstances of the case.
“(5) For the purposes of subsection (4), the Minister may take into account any relevant consultation undertaken by or on behalf of the Minister before this section comes into force.
“(6) A failure to comply with subsection (4) does not affect the validity of any regulations of the kind described in subsection (1) “(7) Subsection (1) does not limit section 287.” 14 Departure to be from Customs place only Section 37(1) of the principal Act is amended by repealing paragraph (b), and substituting the following paragraph: “(b) having obtained a certiﬁcate of clearance from a Customs place in New Zealand to depart for any point outside New Zealand, cause that craft— “(i) “(ii) to not depart immediately from that place; or to go to any other place in New Zealand.” 14 2004 No 55 Customs and Excise Amendment Act 2004 s 15 15 New Part 3A inserted The principal Act is amended by inserting, after section 38, the following Part: “Part3A “Customs access to and use of information about border­crossing goods, persons, and craft “Preliminary provisions “38A Interpretation In this Part, unless the context otherwise requires,— “border­crossing goods means goods that are recorded by a person concerned in the movement of goods, persons, or craft— “(a) as having been imported into, or exported from, New Zealand; or as being imported into, or exported from, New Zealand; or as intended to be imported into, or exported from, New Zealand “(b) “(c) “border­crossing person or craft means a person (for ex­ ample, a passenger or a member of the crew of a craft) who, or craft that, is recorded by a person concerned in the movement of goods, persons, or craft— as having arrived in, or departed from, New Zealand; or “(a) as arriving in, or departing from, New Zealand; or “(b) “(c) as intending to arrive in, or depart from, New Zealand “person concerned in the movement of goods, persons, or craft means any of the following:— “(a) an owner or an operator of a craft that carries or trans­ ports goods or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New Zealand, for commercial purposes, or the agent of an owner or an operator of that kind: a travel operator (being a
 person who organises the car­ riage, handling, or transportation of goods or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New “(b) 15 s 15 Customs and Excise Amendment Act 2004 2004 No 55 “(c) “(d) “(e) Zealand, for commercial purposes) or the agent of a travel operator: an owner, occupier, or operator of a Customs controlled area used for the purpose speciﬁed in section 10(d) or (e): an operator of a business that handles, packs, stores, or transports goods that are to be transported from New Zealand to a point outside New Zealand: any persons, or classes of persons, involved in any other way in the carriage, handling, or transportation of goods, or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New Zealand, for commercial pur­ poses, being persons or classes of persons prescribed for the purposes of this paragraph.
“38B Purpose of this Part “(1) The purpose of this Part is to facilitate— “(a) “(b) “(c) “(d) “(e) customs offences of any kind; or the exercise or performance of powers, functions, or duties under this Act: the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if commit­ ted in New Zealand would be,— “(i) “(ii) other offences punishable by imprisonment: the processing of international passengers at the border by public authorities: the protection of border security: the protection of the health and safety of members of the public.
“(2) To that end, this Part— “(a) “(b) requires certain persons concerned in the movement of goods, persons, or craft to give the Customs access to certain information about border­crossing goods, per­ sons, and craft; and controls the use of that information by the Customs.
16 2004 No 55 Customs and Excise Amendment Act 2004 s 15 “Who must give Customs access to information “38C Persons to whom section 38D or section 38E applies Section 38D or section 38E applies to a person only if the person— “(a) is a person concerned in the movement of goods, per­ sons, or craft; and “(b) has been required by the Chief Executive by notice in writing to comply with that section on and after a date speciﬁed in the notice in writing.
“Information to which access must be given “38D Information about border­crossing craft “(1) A person to whom this section applies must give the Customs access, on and after the date speciﬁed in the notice referred to in section 38C(b), to information— “(a) “(b) that is of the kind speciﬁed in subsection (2); and that the person holds (whether in New Zealand or over­ seas) or has access to about any border­crossing craft.
“(2) The information referred to in subsection (1)(a) is information about the border­crossing craft, about what it is carrying or transporting, about its journey to or from New Zealand, and about its arrival at, or departure from, New Zealand, whether that journey or arrival or departure has occurred, is occurring, or will occur.
“(3) That information may include, but is not limited to, the fol­ lowing information about the border­crossing craft: “(a) loading and discharge details: if the craft is carrying or transporting goods,— “(i) “(ii) goods storage details: “(iii) goods records; and if the craft is carrying or transporting persons,— “(i) the number of persons on the craft (whether pas­ sengers or crew or other persons): the seating arrangements or on­board accommo­ dation arrangements: “(iii) baggage storage details; and if the craft is carrying or transporting goods and persons, the information in paragraphs (a) and (b).
“(ii) “(b) “(c) 17 s 15 Customs and Excise Amendment Act 2004 2004 No 55 “38E Information about border­crossing persons “(1) A person to whom this section applies must give the Customs access, on and after the date speciﬁed in the notice referred to in section 38C(b), to information— “(a) “(b) that is of the kind speciﬁed in subsection (2); and that the person holds (whether in New Zealand or over­ seas) or has access to about any border­crossing person.
“(2) The information referred to in subsection (1)(a) is information held by the person, or to which the person has access, for the purpose of facilitating the border­crossing person’s travel to, or departure from, New Zealand, whether that travel or depar­ ture has occurred, is occurring, or will occur.
“(3) That information may include, but is not limited to, the fol­ lowing information about the border­crossing person:— “(a) the person’s name, date of birth, place of birth, nation­ ality, sex, and passport details: the person’s contact details (including telephone num­ ber, address, and email address): information identifying the craft on which the person has travelled, is travelling, or intends to travel: any special conditions or arrangements the person has made regarding his or her travel: “(b) “(c) “(d) “(e) where the person booked his or her travel: “(f) “(g) whether the person has checked baggage.
on what date the person booked his or her travel: “38F Further provisions about giving Customs access to information under section 38D or section 38E “(1) A person to whom section 38D or section 38E applies must give the Customs access to the information referred to in the section in the form and manner prescribed (for example, in an electronic form and manner).
“(2) The Chief Executive may, by notice in writing, in all or any speciﬁed circumstances, exempt a person to whom section 38D or section 38E applies— “(a) from complying with some or all of the person’s obli­ gations under that section; and from complying with some or all of the person’s obli­ gations under subsection (1) of this section.
“(b) 18 2004 No 55 Customs and Excise Amendment Act 2004 s 15 “(3) Nothing in section 38D or section 38E requires a person to whom the section applies to give the Customs access to infor­ mation the person holds or has access to about an employee (for example, about a member of the crew of a craft), unless the information is information of a kind also generally held by the person, or to which the person generally has access, in re­ lation to passengers.
“Use of information to which access must be given “38G Controls on use by Customs of information “(1) The Customs may without warrant view all information to which access is given under section 38D.

“(2) However, the Customs may view information to which access is given under section 38E only as provided in sections 38H to 38K.

“(3) Section 282A applies to the collection, use, and disclosure by the Customs of information viewed by the Customs under this section or any of sections 38H to 38K.
“Searching and viewing by Customs of information about border­crossing persons “38H Information about travel within 28­day period “(1) Information to which access is given under section 38E may be viewed by the Customs without warrant if it is information about travel within the 28­day period.

“(2) The Customs may without warrant search information that it may view under subsection (1) to determine whether that infor­ mation includes information that is relevant to search criteria speciﬁed by the Customs.
“(3) However, if information is viewed under subsection (1), the Customs may collect, use, and disclose that information in ac­ cordance with section 282A whether or not it came to the at­ tention of the Customs as a result of a search.
“(4) Powers under this section of viewing or searching are exer­ cisable in a particular case even though, in the circumstances of that case, the purpose of the viewing or searching would not be, or would not be likely to be, frustrated if the viewing 19 s 15 Customs and Excise Amendment Act 2004 2004 No 55 or searching were delayed until a warrant under section 38J could be obtained to authorise it.
“(5) For the purposes of this section and section 38I, information about travel within the 28­day period means information that, at any particular time, relates— “(a) occurred within 14 days before that time; or is occurring at that time; or to an arrival in, or departure from, New Zealand that, according to the information,— “(i) “(ii) “(iii) will occur within 14 days after that time; or to travel that, according to the information, occurred, is occurring, or will occur, in connection with an arrival or departure referred to in paragraph (a),— “(i) whether that travel is travel within New Zealand “(b) or overseas; and “(ii) whether that travel is travel that occurred, is oc­ curring, or will occur, before or after the arrival or departure of that kind.
“38I Information about other travel may be searched for “(1) information relating to travellers within 28­day period In this section, information about other travel means infor­ mation— “(a) “(b) to which access is given under section 38E; and that is not information about travel within the 28­day period.
“(2) This section applies to the following situation:— “(a) “(b) the Customs, in considering information viewed under section 38H, ﬁnds information about travel within the 28­day period that relates to an arrival or departure, and to travel, by a person: the Customs wishes— “(i) to search information about other travel to deter­ mine whether it includes information that relates to that person; and to view any information that relates to that person and is found as a result of the search.
“(ii) “(3) In that situation, the Customs may without warrant— 20 2004 No 55 Customs and Excise Amendment Act 2004 s 15 “(a) to determine search information about other travel whether it includes information that relates to the per­ son; and “(b) view information in accordance with subsection (5).
“(4) However, the search may be conducted only if it can be com­ pleted within 14 days after the arrival or departure to which the information about travel within the 28­day period relates (see section 38H(5)(a)).

“(5) The Customs must not view information about other travel unless that information relates to the person and is found as a result of the search.
“(6) Powers under this section of viewing or searching are exer­ cisable in a particular case even though, in the circumstances of that case, the purpose of the viewing or searching would not be, or would not be likely to be, frustrated if the viewing or searching were delayed until a warrant under section 38J could be obtained to authorise it.
“38J Search and viewing warrants “(1) This section applies to the following situation:— “(a) “(b) the Chief Executive considers, in the light of informa­ tion of any kind that is available to the Customs, that there are reasonable grounds to suspect that— “(i) there exists a risk or threat relevant to the purpose stated in section 38B(1); or a relevant offence (as deﬁned in subsection (6)) has been, is being, or will be committed: “(ii) the Customs wishes— “(i) to search information to which access is given under section 38E to determine whether it in­ cludes information that is relevant to search cri­ teria speciﬁed by the Customs (being search cri­ teria that are reasonably related to the informa­ tion available to the Customs that gives rise to the reasonable grounds to suspect required by para­ graph (a)); and to view any information that is relevant to the search criteria speciﬁed by the Customs and is found as a result of the search: “(ii) 21 s 15 Customs and Excise Amendment Act 2004 2004 No 55 “(c) the search cannot be conducted and the viewing done under section 38H or section 38I, or the Customs con­ siders it would be inexpedient for those things to be done under section 38H or section 38I.
“(2) In that situation, the Chief Executive may, by application in writing made on oath, apply to a District Court Judge for a search and viewing warrant authorising— “(a) the carrying out of the search within 14 days after the day on which the warrant is granted (or within any ex­ tension of that period granted by a District Court Judge on an application in writing for the purpose made within that period); and the viewing by the Customs of any information that is relevant to the search criteria speciﬁed by the Customs and that is included in information to which access is given under section 38E, but of no other information.
“(b) “(3) The application must give details of the reasonable grounds to suspect required by subsection (1), of the information avail­ able to the Customs that gives rise to those reasonable grounds to suspect, and of the search criteria speciﬁed by the Customs, and it must also indicate whether the search is to be of all, or of only a speciﬁed part or parts, of the information to which access is given under section 38E.
“(4) On an application under subsection (2), a District Court Judge may grant a search and viewing warrant in the prescribed form, but only if he or she is satisﬁed that— “(a) the reasonable grounds to suspect required by subsec­ tion (1) exist; and the search criteria speciﬁed by the Customs are reason­ ably related to the information available to the Customs that gives rise to those reasonable grounds to suspect.
“(b) “(5) The warrant is sufﬁcient authority for the doing of the things “(6) speciﬁed in subsection (2)(a) and (b).

In this section and section 38K, relevant offence means an of­ fence described in section 38B(l)(b), or relevant to the purpose stated in section 38B(l) (except paragraph (b)).
22 2004 No 55 Customs and Excise Amendment Act 2004 s 15 “38K Search and viewing without warrant in emergencies “(1) This section applies to the following situation:— “(a) “(b) “(c) the situation speciﬁed in section 38J(l) applies: the Chief Executive considers that, if he or she were to apply to a District Court Judge for a search and view­ ing warrant under section 38J, the District Court Judge would grant the warrant: the Chief Executive also considers that delaying a search and any resulting viewing until a search and viewing warrant can be obtained under section 38J would create a real risk that— “(i) the countering of the risk or threat referred to in section 38J(1)(a)(i) would be frustrated; or (as the case requires) the prevention, detection, investigation, prosecu­ tion, or punishment of the relevant offence would be frustrated.
“(ii) “(2) In that situation, the Chief Executive may, with no further au­ thority than this section, have the things speciﬁed in section 38J(2)(a) and (b) done as if the doing of those things were au­ thorised by a search and viewing warrant under section 38J(4).

“(3) However, if the Chief Executive acts under subsection (2), he or she must within 72 hours apply under section 38J(2) for a search and viewing warrant in relation to the matter.
“38L Procedure if viewing of information not authorised “(1) This subsection applies to both of the following situations: “(a) “(b) the 72­hour period referred to in section 38K(3) expires and the Chief Executive has not made the application required by that subsection: the application required by section 38K(3) is made but, in response to it, either no warrant is granted under sec­ tion 38J(4), or a warrant is granted under section 38J(4) authorising the doing of some only of the things done in reliance on section 38K(2).
“(2) In a situation to which subsection (1) applies, things done in reliance on section 38K(2) must, to the extent that the doing of those things is not authorised by a warrant granted under section 38J(4), be treated for the purposes only of the counter­ 23 s 15 Customs and Excise Amendment Act 2004 2004 No 55 “(3) ing of the risk or threat referred to in section 38J(1)(a)(i) or (as the case requires) of the prevention, detection, investigation, prosecution, or punishment of the relevant offence, as if they were done without the authority of section 38K or of a warrant granted under section 38J(4).
In a situation to which subsection (1) applies,— “(a) the Customs must destroy immediately information viewed by it in reliance on section 38K(2) and that is collected by it for a purpose speciﬁed in section 282A if the viewing of that information is not authorised by a warrant granted under section 38J(4); and “(b) other persons or bodies must destroy immediately in­ formation viewed by the Customs in reliance on section 38K(2) and disclosed by it to the other persons or bodies for a purpose speciﬁed in section 282A(2) and collected by the other persons or bodies if the viewing of that in­ formation is not authorised by a warrant granted under section 38J(4).
“38M Security of applications for warrants “(1) As soon as an application under section 38J(2) has been deter­ mined by the Judge, the Registrar must place all documents re­ lating to the application (except the warrant itself) in a packet, seal the packet, and thereafter keep it in safe custody, except as provided in this section.
“(2) Despite any enactment or rule of law or rules of Court entitling a party to proceedings to demand the production of documents, no party of that kind is entitled to demand the production of documents held in safe custody under subsection (1), except in accordance with this section.
“(3) Every party of that kind who requires the production of a docu­ ment held in safe custody under subsection (1) must, except in a case to which subsection (9) or subsection (10) applies, ap­ ply in writing to the Registrar, who must promptly notify the Chief Executive.
If, within 3 days after notice is given to the Chief Executive under subsection (3), the Chief Executive gives written notice to the Registrar that he or she intends to oppose the produc­ “(4) 24 2004 No 55 Customs and Excise Amendment Act 2004 s 15 “(5) “(6) tion of the documents, the Registrar must refer the matter to a District Court Judge.

If the Chief Executive does not give the written notice referred to in subsection (4), the Registrar must produce the documents to the party applying for production.
If a matter is referred to a Judge under subsection (4), both the person requesting production of the documents and the Chief Executive opposing production must be given an opportunity to be heard.
“(7) The Judge may order that all or a speciﬁed part of a document the production of which is in dispute not be produced if he or she is satisﬁed that— “(a) the document or part contains information of a kind re­ ferred to in section 38N(1); and “(b) production of that information would involve disclosure of a kind referred to in section 38N(2).

“(8) Subject to subsection (7), the Judge must order the production “(9) of the documents to the party requesting it.
If a request for the production of a document kept in safe cus­ tody under subsection (1) is made in the course of proceedings presided over by a District Court Judge and the request is op­ posed, the Judge must adjudicate upon the matter as if it had been referred to him or her under subsection (4).
“(10) If a request of that kind is made in the course of any other proceedings, the presiding judicial ofﬁcer must promptly refer the matter to a District Court Judge for adjudication of the kind referred to in subsection (9).

“(11) Despite anything in this section, every District Court Judge or Judge of the High Court who is presiding over any proceed­ ings in which the issue of a warrant under section 38J is in issue is entitled to inspect any relevant document held under subsection (1).
“Compare: 1978 No 65 s 20 “38N Information and disclosure in section 38M(7) Information falls within section 38M(7)(a) if it— “(1) “(a) might lead to the identiﬁcation of, or provide details of, the source of the information, the nature, content, 25 s 15 Customs and Excise Amendment Act 2004 2004 No 55 “(b) “(c) or scope of the information, or the nature or type of the assistance or operational methods available to the Customs; or is about particular operations that have been under­ taken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the Customs; or has been provided to the Customs by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the Customs because the government or agency or organisation by which the information has been provided will not con­ sent to the disclosure.
“(2) Disclosure of information falls within section 38M(7)(b) if the disclosure would be likely— “(a) “(b) “(c) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or to prejudice the entrusting of information to the Gov­ ernment of New Zealand on a basis of conﬁdence by the government of another country or any agency of such a government, or by any international organisation; or to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or to endanger the safety of any person.
“(d) In this section,— “country includes any State, territory, province, or other part of a country “international organisation means any organisation of States or Governments of States, or any organ or agency of any or­ ganisation of that kind.

“(3) “Miscellaneous provisions “38O Disposal of information collected by Customs “(1) This section applies to information— “(a) “(b) viewed under any of sections 38G to 38K; and collected for a purpose speciﬁed in section 282A(2).
26 2004 No 55 Customs and Excise Amendment Act 2004 s 17 “(2) The Customs must, at least once every 6 months after this section comes into force, determine whether the retention of the information by the Customs continues to be necessary for that purpose and, if it is not, must dispose of the information promptly.

“(3) This section does not limit section 38L(3)(a).
“38P Protection of persons acting under authority of Part Neither the Crown nor the Chief Executive or a Customs ofﬁ­ cer or an authorised person is liable for anything done or omit­ ted to be done or purporting to have been done by a person in the exercise of a power conferred by this Part unless the per­ son has not acted in good faith or has acted without reasonable care.
“38Q Part does not limit other access to or use of information Nothing in this Part— “(a) prevents a person concerned in the movement of goods, persons, or craft from giving Customs access to infor­ mation otherwise than as required by or under this Part: “(b) prevents the Customs from using otherwise than as pro­ vided in this Part information to which Customs is given access otherwise than as required by or under this Part: affects any obligation a person may have to give the Customs advance notice of matters under section 21: affects any obligation a person may have under this Act to make an entry in respect of goods that are imported or that are to be imported: affects any powers the Customs has to collect and use information under section 279.” “(d) “(e) “(c) 16 17 Entry of goods for export Section 49(5) of the principal Act is amended by inserting, after the word “made”, the words “and passed”.
Regulations relating to entry of goods for export Section 50 of the principal Act is amended by inserting, before paragraph (a), the following paragraph: 27 s 18 Customs and Excise Amendment Act 2004 2004 No 55 “(aa) prescribing the conditions under which an entry is deemed to have been passed for the purposes of this Act; and”.
18 New section 50A inserted The principal Act is amended by inserting, after section 50, the following section: “50A Fees and charges relating to exportation of goods “(1) The Governor­General may, on the recommendation of the Minister, make regulations under section 287(1)(a) prescrib­ ing fees or charges, or both, that are payable to the Customs to meet or assist in meeting costs and expenses incurred by the Customs in exercising functions or powers, or performing duties, or providing services, under this Act that relate to the exportation of goods.
“(2) The provisions of Part 8 that relate to the collection and re­ covery of duty apply to fees and charges prescribed by regu­ lations of the kind described in subsection (1), as if those fees and charges were a duty.
“(3) Before making a recommendation under subsection (1) in rela­ tion to any proposed regulations, the Minister must be satisﬁed that the persons that the Minister considers are representative of interests likely to be substantially affected by the proposed regulations have been consulted about the proposed regula­ tions to the extent that is reasonably practicable having regard to the circumstances of the case.
“(4) For the purposes of subsection (3), the Minister may take into account any relevant consultation undertaken by or on behalf of the Minister before this section comes into force.

“(5) A failure to comply with subsection (3) does not affect the validity of any regulations of the kind described in subsection (1).
“(6) Subsection (1) does not limit section 287.” New headings and sections 53A to 53J inserted The principal Act is amended by inserting, after section 53, the following headings and sections: 19 28 2004 No 55 Customs and Excise Amendment Act 2004 s 19 “Customs seals “53A Customs seal may be applied to goods for export “(1) The Chief Executive may, by notice in writing specifying the date on and after which the appointment takes effect, appoint a Customs ofﬁcer or other person to apply (including to reapply) Customs seals to packages of goods to be exported.
“(2) The notice must specify the circumstances in which the ofﬁcer or other person may apply a Customs seal to a package of goods, and must prohibit him or her from applying a Customs seal in all other circumstances.
“(b) “(3) Without limiting the generality of subsection (2), the notice must specify that the ofﬁcer or other person may apply a Cus­ toms seal to a package of goods to which no Customs seal has earlier been applied only if— “(a) the exporter concerned (or his or her agent or employee) consents to the seal being applied; or the seal is applied incidental to, and immediately after, the exercise by any person of a power under this Act to examine or search for goods of any kind.
“(4) The notice must also specify the circumstances in which the ofﬁcer or other person may alter, remove, damage, dispose of, or otherwise interfere with a Customs seal applied to a pack­ age of goods, and must prohibit him or her from interfering in any way with a Customs seal of that kind in all other circum­ stances.
“(5) A notice of appointment under this section may be amended or revoked by the Chief Executive by a further notice in writing given to the ofﬁcer or other person concerned and specifying the date on or after which the amendment or revocation takes effect.
“53B Warning notices for packages to which seal applied A notice of appointment under section 53A must also require the ofﬁcer or other person concerned, on applying a Customs seal to a package of goods that are not goods to be exported under a Customs­approved secure exports scheme, to ensure that there is attached to the package a warning notice that ex­ plains in terms approved by the Chief Executive— 29 s 19 Customs and Excise Amendment Act 2004 2004 No 55 “(a) “(b) “(c) that the goods in the package are, from the time when a Customs seal is ﬁrst applied to the package until the ex­ portation of the goods to a point outside New Zealand, goods subject to the control of the Customs: that the powers of detention and search in section 144(4) are available in respect of a vehicle in New Zealand if there are suspected to be in or on the vehicle goods that are, or are suspected to be,— “(i) “(ii) subject to the control of the Customs; and in a package to which a Customs seal has been applied: that a Customs ofﬁcer may, under section 146(2), ques­ tion any or all of the following persons about any cargo destined to be exported from New Zealand: “(i) a person who is the owner or operator of a vehicle that a Customs ofﬁcer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a package to which a Customs seal has been applied: a person who is the owner or occupier of premises that a Customs ofﬁcer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods sub­ ject to the control of the Customs and in a pack­ age to which a Customs seal has been applied: “(ii) “(iii) a person employed by a person described in sub­ paragraph (i) or (ii): “(d) that the powers in section 151 (which include powers of examination) are available in respect of goods that are, or are suspected to be,— “(i) “(ii) subject to the control of the Customs; and in a package to which a Customs seal has been applied.
“Customs­approved secure exports schemes “53C Chief Executive may approve secure exports scheme “(1) On an application for the purpose in writing by a person in­ volved in the carriage, handling, transportation, or exportation 30 2004 No 55 Customs and Excise Amendment Act 2004 s 19 of goods for export (in this section and sections 53F and 53I called an exporter), the Chief Executive may approve a se­ cure exports scheme, and so make it a Customs­approved se­ cure exports scheme.
“(2) The Chief Executive must ensure that the exporter concerned is notiﬁed promptly and in writing of any decision to give or to decline an approval under this section.

“(3) An approval under this section must be in writing, may be given subject to any conditions the Chief Executive speciﬁes in the approval, and takes effect either on the day after the date on which it is given or on any later date speciﬁed in the approval.
“(4) An approval under this section may be revoked by the Chief Executive by notice in writing given to the exporter concerned and specifying both any conditions to which the revocation is subject and the date on or after which the revocation takes effect.

“(5) Subsections (1) to (4) apply (with all necessary modiﬁcations) to any amendment to a secure exports scheme.
“(6) On an application for the purpose by the exporter concerned, the Chief Executive must revoke an approval under this sec­ tion of all of a secure exports scheme.

However, the revocation must be subject to the condition that goods remain subject to the scheme until exported if, at the time the revocation takes effect, the goods have been secured in a Customs­approved se­ cure package under the scheme but not yet exported.
“(7) An applicant who is dissatisﬁed with a decision of the Chief Executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
“53D Purpose of secure exports scheme The purpose of a secure exports scheme is to help to ensure that goods to be exported under the scheme are— “(a) “(b) packaged securely and with no other goods; and conveyed securely and without interference to the place of shipment and shipped.
31 s 19 Customs and Excise Amendment Act 2004 2004 No 55 “53E Matters to be speciﬁed in secure exports scheme “(1) A secure exports scheme must specify how the goods to be exported under the scheme are to be packed, including— “(a) “(b) the secure package to be used: the seal or markings to be applied to the package, as soon as it is secured,— “(i) to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and to help to identify tampering or interference with the package after it is secured.
“(2) A secure exports scheme must also specify any conditions re­ “(ii) quired by the Chief Executive as to— “(a) the persons who are to pack the goods, and the security checks to be applied to those persons: the conditions in which packing is to occur (for ex­ ample, the area or areas in which packing is to occur, and the controls on the entry and exit of persons and goods to that area or those areas): any other requirements relating to how the goods are to be packed.
“(3) A secure exports scheme must also specify how, on the com­ pletion of the packing of the goods, the goods are to be con­ veyed to the place of shipment and shipped, including any con­ ditions required by the Chief Executive as to— “(a) the persons who are to convey the goods, and the secur­ ity checks to be applied to those persons: the manner in which the goods are to be conveyed: any place or places of security en route to the place of shipment in which the goods are to be stored in the course of being conveyed to the place of shipment and shipped.
“(b) “(c) “(b) “(c) “53F Matters to be acknowledged in secure exports scheme A secure exports scheme must include express acknowledge­ ments by the exporter concerned— “(a) that the goods to be exported under the scheme are, from the time when they are ﬁrst secured in a Cus­ toms­approved secure package until the exportation of 32 2004 No 55 Customs and Excise Amendment Act 2004 s 19 “(b) “(c) the goods to a point outside New Zealand, goods sub­ ject to the control of the Customs: that the powers of detention and search in section 144(4) are available in respect of a vehicle in New Zealand if there are suspected to be in or on the vehicle goods that are, or are suspected to be,— subject to the control of the Customs; and “(i) in a Customs­approved secure package: “(ii) that a Customs ofﬁcer may, under section 146(2), ques­ tion any or all of the following persons about any cargo destined to be exported from New Zealand:— “(i) a person who is the owner or operator of a ve­ hicle that a Customs ofﬁcer has reasonable cause to suspect has in or on it, or has within the pre­ vious 72 hours had in or on it, goods subject to the control of the Customs and in a Customs­ap­ proved secure package: a person who is the owner or occupier of premises that a Customs ofﬁcer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods sub­ ject to the control of the Customs and in a Cus­ toms­approved secure package: “(ii) “(iii) a person employed by a person described in sub­ paragraph (i) or (ii): “(d) that the powers in section 151 (which include powers of examination) are available in respect of goods that are, or are suspected to be,— “(i) “(ii) subject to the control of the Customs; and in a Customs­approved secure package.
“53G Goods to be exported under Customs­approved secure exports scheme may be exported under drawback “(1) Goods to be exported under a Customs­approved secure ex­ “(2) ports scheme may be exported under drawback.
If goods to be exported under a Customs­approved secure ex­ ports scheme are exported under drawback, then all conditions (if any) as may be prescribed for allowing drawback of duty must be satisﬁed, even though satisfying those conditions may 33 s 20 Customs and Excise Amendment Act 2004 2004 No 55 involve conveying or handling or storing the goods in a way not speciﬁed in the scheme.
“53H Application of Customs seals to goods to be exported under Customs­approved secure exports schemes “(1) Nothing in this Act prevents a Customs seal from being ap­ plied to a Customs­approved secure package after an approved seal or markings of the kind referred to in section 53E(1)(b) have been applied to the package in accordance with the rele­ vant Customs­approved secure exports scheme.
“(2) Goods to be exported under a Customs­approved secure ex­ ports scheme must not be regarded as no longer to be exported under the scheme just because 1 or more Customs seals have been applied to the Customs­approved secure package con­ cerned.
“53I Exporters may be involved in exportation of goods outside Customs­approved secure exports scheme “(1) This section applies to an exporter involved in the carriage, handling, transportation, or exportation of goods for export under 1 or more Customs­approved secure exports schemes.

“(2) Nothing in this Act prevents the exporter from being involved in the carrying, handling, transportation, or exportation of goods for export otherwise than under that scheme or those schemes.
“53J Review of Customs­approved secure exports scheme The Chief Executive may, at any time, review the operation of any Customs­approved secure exports scheme.” 20 New section 95A inserted The principal Act is amended by inserting, after section 95, the following section: “95A Giving Customs access to business records “(1) This section applies to a person only if the person— “(a) is a person to whom section 95(1) applies or a person otherwise involved in the carriage, handling, or trans­ portation of goods that are being imported to, or ex­ 34 2004 No 55 Customs and Excise Amendment Act 2004 s 21 ported from, New Zealand (for example, a person in­ volved in the transportation of goods to a Customs place from which goods for export will proceed to a point out­ side New Zealand); and “(b) has been required by the Chief Executive by notice in writing to comply with this section on and after a date speciﬁed in the notice in writing.
“(2) On and after the date speciﬁed in the notice in writing a person “(b) to whom this section applies must,— “(a) if the person is a person to whom section 95(1) applies, give the Customs access to the records the person is required to keep under section 95; and if the person is a person otherwise involved in the car­ riage, handling, or transportation of goods that are being imported to, or exported from, New Zealand, give the Customs access to any records the person may currently keep of the kind required to be kept under section 95.
“(3) A person to whom this section applies must give the Customs that access in the form and manner prescribed (for example, in an electronic form and manner), and must ensure that the Customs has that access at all reasonable times.

“(4) The Chief Executive may, by notice in writing, exempt a per­ son to whom this section applies from complying with some or all of the person’s obligations under this section in all or any speciﬁed circumstances.
“(5) To avoid doubt, nothing in this section affects any obligation under section 95 to keep or cause to be kept, make available, provide copies of, or answer questions in respect of, records.” 21 (1) Registered users The principal Act is amended by omitting the heading to sec­ tion 132, and substituting the following heading: “Application to be registered user”.
Section 132 of the principal Act is amended by omitting sub­ section (2), and substituting the following subsection: “(2) The Chief Executive may require an applicant for registration (2) to provide either or both of the following:— 35 s 22 Customs and Excise Amendment Act 2004 2004 No 55 “(a) “(b) any additional information the Chief Executive consid­ ers necessary for the purposes of the application: evidence of his or her competence in any area the Chief Executive considers relevant to the application (for ex­ ample, tariff classiﬁcation).” 22 New section 134A inserted The principal Act is amended by inserting, after section 134, the following section: “134A Conditions may be imposed on registered users “(1) The Chief Executive may impose a condition on the registra­ tion of either or both of the following:— “(a) “(b) a speciﬁed registered user or class of registered users: all registered users.
“(2) A condition imposed under subsection (1) must be notiﬁed in writing to the 1 or more registered users concerned and must, unless the 1 or more registered users concerned appeals under subsection (3), be complied with on or before— “(a) the 20th working day after the date of notiﬁcation of the imposition of the condition on the registered user’s registration; or a later date speciﬁed by the Chief Executive.
“(b) “(4) “(3) A registered user who is dissatisﬁed with the imposition of a condition on his or her user registration under subsection (1) may appeal in writing to the Customs Appeal Authority within 20 working days after the date of notiﬁcation of the imposition of the condition on the registered user’s registration.
If the Customs Appeal Authority is of the view that the im­ position of the condition under subsection (1) was reasonable in the circumstances the registered user must comply with the condition on or before— “(a) the 10th working day after the date of notiﬁcation of the Authority’s decision; or a later date speciﬁed by the Customs Appeal Authority.” “(b) Cancellation of registration of registered user Section 135 of the principal Act is amended by repealing sub­ section (1), and substituting the following subsection: 23 36 2004 No 55 Customs and Excise Amendment Act 2004 s 24 “(1) The Chief Executive may by written notice to a registered user (which must state grounds for the cancellation) cancel that user’s registration if satisﬁed that the user— “(a) has failed to comply with a condition imposed by the Chief Executive under section 132(3) or section 133(3); or “(b) has failed to comply with a condition imposed by the Chief Executive under section 134A(1) within the time frame speciﬁed in that section; or has been convicted of— “(i) “(c) an offence against this Act or the Misuse of Drugs Act 1975; or a crime involving dishonesty (as deﬁned in sec­ tion 2 of the Crimes Act 1961); or “(ii) “(d) is, on 1 or more prescribed grounds, unﬁt to continue to be a registered user.” 24 (1) (2) (3) Searching vehicles Section 144(1)(a) of the principal Act is amended by omitting the word “is” in the ﬁrst place where it occurs, and substituting the word “are”.
Section 144(2)(a) of the principal Act is amended by omitting the word “is” in the ﬁrst place where it occurs, and substituting the word “are”.
Section 144 of the principal Act is amended by adding the following subsections: “(3) A Customs ofﬁcer who has reasonable cause to suspect that there are in or on a vehicle goods subject to the control of the Customs because they are goods to be exported and that have been brought to a CASE— “(a) may stop the vehicle and search it; and “(b) may detain the vehicle for such period as may be rea­ sonably necessary for that purpose and for exercising powers under section 151 in relation to any goods of that kind.
“(4) A Customs ofﬁcer who has reasonable cause to suspect that there are in or on a vehicle goods subject to the control of the Customs and in a Customs­approved secure package or in a package to which a Customs seal has been applied— 37 s 25 Customs and Excise Amendment Act 2004 2004 No 55 “(a) may stop the vehicle and search it; and “(b) may detain the vehicle for such period as may be rea­ sonably necessary for that purpose and for exercising powers under section 151 in relation to any goods of that kind.” 25 26 Questioning persons Section 145 of the principal Act is amended by adding to the heading the words “about goods and debt”.
New section 145A inserted The principal Act is amended by inserting, after section 145, the following section: “145A Questioning persons about identity, address, travel movements and entitlement, and other matters “(1) This section and sections 147A and 148A apply to the follow­ ing persons:— “(a) a person who— “(i) has, or is suspected of having, disembarked from a craft that has arrived in New Zealand; and “(ii) has not, or is suspected of having not, reported to a Customs ofﬁcer or a police station on his or her arrival, contrary to section 27: “(b) a person who is, or is suspected of, attempting to depart from New Zealand from a place other than from a Cus­ toms place, contrary to section 30.
“(2) This section and sections 147A and 148A do not apply,— “(a) “(b) in the case of a person referred to in subsection (1)(a), to a person whose actions are authorised by another sec­ tion of this Act; and in the case of a person referred to in subsection (1)(b), to a person who is complying with an exemption pre­ scribed by regulations made under this Act or whose actions are authorised by the Customs.
“(3) A Customs ofﬁcer may question a person to whom this section applies as to any 1 or more of the following matters:— “(a) “(b) “(c) the person’s identity: the person’s residential address: the person’s travel movements: 38 2004 No 55 Customs and Excise Amendment Act 2004 s 27 “(d) “(e) “(f) “(g) “(i) the person’s entitlement to travel: any of the matters speciﬁed in section 145(2): the craft— “(i) from which the person disembarked or is sus­ pected of disembarking; or “(ii) on which the person attempted to depart, or is suspected of attempting to depart, from New Zealand: any other person who is, or was, involved in the person’s arrival, suspected arrival, departure, attempted depar­ ture, or suspected departure, whether or not the other person was on the craft— from which the person disembarked or is suspected of disembarking; or “(ii) on which the person attempted to depart, or is suspected of attempting to depart, from New Zealand.
“(4) A question under subsection (3)(f) may, but need not, relate to the craft’s voyage and any persons or goods carried by the craft.
“(5) Section 185(3) does not apply in respect of a question asked under this section (and so it is a reasonable excuse for the pur­ poses of section 185(1)(a) if a person fails or refuses to answer the question on the basis that the person’s answer would in­ criminate or tend to incriminate the person).” 27 New section 146 substituted The principal Act is amended by repealing section 146, and substituting the following section: “146 Questioning employees of airlines, shipping companies, owners or operators of certain vehicles, etc “(1) A Customs ofﬁcer may question any or all of the following about any international cargo or domestic cargo:— “(a) a person who, as an employee of an airline or shipping company, manages or carries out the receipt, handling, custody, or dispatch of international cargo or domestic cargo by that airline or shipping company: a person employed by the licensee of a Customs con­ trolled area licensed for— “(b) 39 s 27 Customs and Excise Amendment Act 2004 2004 No 55 “(i) “(ii) the temporary holding of imported goods for the purposes of the examination of those goods under section 151 of this Act (including the holding of the goods while they are awaiting examination); or the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft: “(c) a person (not being a person described in paragraph (a) or (b)) who is in a Customs controlled area licensed for a purpose described in paragraph (b)(i) or (ii).
“(2) A Customs ofﬁcer may question any or all of the following about any cargo destined to be exported from New Zealand:— a person who is the owner or operator of a vehicle that a “(a) Customs ofﬁcer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a Customs­approved secure package or in a package to which a Customs seal has been applied: a person who is the owner or occupier of premises that a Customs ofﬁcer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a Customs­approved secure package or in a package to which a Customs seal has been applied: a person employed by a person described in paragraph (a) or paragraph (b).
“(b) “(c) “(3) A question under subsection (2) about cargo destined to be exported from New Zealand may relate to any or all of the following:— “(a) whether, and if so how, goods that are or were some or all of the cargo are or were packed in a package to which a Customs seal was applied or in a Customs­approved secure package to which a seal or marking of the kind referred to in section 53E(l)(b) was applied: the transportation or storage of packages of the kind referred to in paragraph (a) at any time before they are or were exported: “(b) 40 2004 No 55 Customs and Excise Amendment Act 2004 s 28 “(c) tampering or interference with a package of the kind referred to in paragraph (a) or with a seal or marking of the kind referred to in that paragraph.
“(4) Subsection (3) does not limit subsection (2).

“(5) Section 185(3) does not apply in respect of a question asked under this section (and so it is a reasonable excuse for the pur­ poses of section 185(1)(a) if a person fails or refuses to answer the question on the basis that the person’s answer would in­ criminate or tend to incriminate the person).
“(6) Nothing in this section limits sections 145 and 145A.” 28 New section 147A inserted The principal Act is amended by inserting, after section 147, the following section: “147A Evidence of answers to questions under section 145A “(1) A person to whom this section applies in accordance with sec­ tion 145A must, on demand by a Customs ofﬁcer, produce documents that— “(a) “(b) are in the person’s possession or control; and relate to the matters the person has been questioned about under section 145A.
“(2) When a person produces a document in response to a demand under subsection (1), a Customs ofﬁcer may do any of the following things: “(a) inspect the document immediately and return it to the person when the ofﬁcer has ﬁnished inspecting it: inspect the document and retain it for the length of the person’s detention under section 148A: inspect the document and retain it for as long as ne­ cessary to ascertain whether or not the Chief Executive wishes to exercise his or her power under section 164 to retain the document: inspect the document and remove it for the purpose of making a copy under section 165: inspect the document and retain it under section 166.” “(b) “(c) “(d) “(e) 41 s 29 29 30 Customs and Excise Amendment Act 2004 2004 No 55 Detention of persons Section 148 of the principal Act is amended by adding to the heading the words “questioned about goods or debt”.
New sections 148A and 148B inserted The principal Act is amended by inserting, after section 148, the following sections: “148A Detention of person questioned under section 145A “(1) A Customs ofﬁcer may detain a person to whom this section applies in accordance with section 145A for 1 or more of the following purposes:— “(a) “(b) to question him or her under section 145A: to enable the ofﬁcer to make the inquiries that are neces­ sary to establish whether an answer to a question asked under section 145A is correct: to obtain the attendance of, or make inquiries of, another Customs ofﬁcer or an ofﬁcer entitled to exercise a power to question, detain, or arrest a person under this Act or the Crimes Act 1961 following the questioning of a person under section 145A.
“(c) “(2) A Customs ofﬁcer may detain a person under subsection (1) for up to 12 hours.

“(3) The questioning of a person under section 145A must take place as soon as practicable after the person is detained under subsection (1).
“(4) A Customs ofﬁcer must release a person detained under sub­ section (1) immediately after the person answers the questions asked under section 145A if the ofﬁcer— “(a) is satisﬁed that the person has correctly answered the questions; and “(b) has no reasonable cause to suspect that the person ques­ tioned under that section has— “(i) committed an offence under section 180(1) by not complying with section 27 or section 30; or committed an offence under section 98C(1) of the Crimes Act 1961.
“(ii) 42 2004 No 55 Customs and Excise Amendment Act 2004 s 30 “(5) A Customs ofﬁcer may continue to detain a person under sub­ section (1) after the person is questioned under section 145A if the Customs ofﬁcer— “(a) “(b) “(c) is not satisﬁed that the person has correctly answered a question asked under section 145A; or is not satisﬁed that the person has given an answer to a question asked under section 145A; or has reasonable cause to suspect that the person ques­ tioned under that section has— “(i) committed an offence under section 180(1) by not complying with section 27 or section 30; or committed an offence under section 98C(1) of the Crimes Act 1961.
“(ii) “(6) Despite subsection (2), a person may be detained for a further reasonable period if, and only if, accident, stress of weather, or some other difﬁculty of transport or special circumstance makes it impossible for a Customs ofﬁcer to do what is spe­ ciﬁed in subsection (1) within the 12­hour period speciﬁed in subsection (2).

“(7) Reasonable force may be used, if it is necessary, to detain a “(8) person under subsection (1).
In this section, unless the context otherwise requires,— “detain, in relation to a person, includes to move the person to a Customs place or police station where the person may be, or may continue to be, questioned “further reasonable period means a period no longer than is necessary in the circumstances for a Customs ofﬁcer to do what is speciﬁed in subsection (1).
“148B Detention of persons committing or about to commit certain offences “(1) A Customs ofﬁcer and, in the case of paragraph (b), a member of the police may detain a person who, the Customs ofﬁcer or, if applicable, the member of the police believes on reasonable grounds is committing, or is about to commit, an offence under section 180 by,— “(a) if a craft has arrived at a nominated Customs place or a Customs controlled area within that place under section 43 s 30 Customs and Excise Amendment Act 2004 2004 No 55 “(c) “(b) 24, leaving or boarding the craft without the authority of a Customs ofﬁcer before an inward report is made under section 26 (in contravention of section 24(2)); or if the person has arrived in New Zealand, not reporting forthwith to a Customs ofﬁcer or a police station (in contravention of section 27(1)); or if the person has arrived in New Zealand and reported to a Customs ofﬁcer or a police station under section 27(1), leaving the Customs ofﬁcer or police station to which he or she reported, despite a Customs ofﬁcer or, if ap­ plicable, a member of the police requiring the person to remain for a reasonable time in order that the Customs ofﬁcer or, if applicable, the member of police might ex­ ercise a power under this Act in relation to that person (in contravention of section 27(2)); or if the person is on board a craft that has arrived in New Zealand, not complying with any Customs direction concerning disembarkation (in contravention of section 28(1)); or having disembarked from a craft that has arrived in New Zealand, leaving a Customs controlled area when the Customs requires the person to remain there for such reasonable time as is required to enable a Customs ofﬁ­ cer to exercise a power under this Act in relation to that person (in contravention of section 28(3)).
“(2) A Customs ofﬁcer or, if applicable, a member of the police may only detain a person under subsection (1) for the purpose of ensuring the person’s compliance with 1 or more of the pro­ visions referred to in subsection (1).
“(d) “(e) “(3) However, a Customs ofﬁcer may also detain 2 person under subsection (1) for the purpose of obtaining the attendance of, or for the purpose of making inquiries of, another Customs ofﬁcer or of a person who is entitled to exercise any power to question, detain, or arrest the person if, during the person’s detention for the purpose referred to in subsection (2), the Cus­ toms ofﬁcer develops reasonable cause to suspect that the per­ son may have contravened any of the following enactments:— “(a) Misuse of Drugs Act 1975: “(b) Health (Quarantine) Regulations 1983: 44 2004 No 55 Customs and Excise Amendment Act 2004 s 31 “(c) Trade in Endangered Species Act 1989: “(d) Biosecurity Act 1993.
“(4) A Customs ofﬁcer or, if applicable, a member of the police must release a person detained under subsection (1)— “(a) immediately after the person has complied with the re­ quirements of the provision in relation to which he or she was detained and any other applicable provision re­ ferred to in subsection (1); or “(b) 4 hours after the person is ﬁrst detained if, once the de­ tention begins, the Customs ofﬁcer develops reasonable grounds to suspect that the person may have contra­ vened any of the enactments listed in subsection (3).
“(5) Reasonable force may be used, if necessary, to detain a person under subsection (1).

“(6) A person must not be detained under subsection (1) if a Cus­ toms ofﬁcer or, if applicable, a member of the police believes on reasonable grounds that a person has already committed an offence under section 180 by contravening a provision referred to in subsection (1).
“(7) Nothing in this section prevents a person— “(a) being detained or further detained under another provi­ sion of this Act or under any other enactment if there are lawful grounds for that detention; or “(b) being arrested under section 174.
In this section, unless the context otherwise requires, deten­ tion includes the delivery of a person to a police station or the custody of a member of the police.” Persons to whom sections 149A and 149B(1) apply The heading to section 149 of the principal Act is amended by omitting the expression “and 149B(1)”, and substituting the expression “, 149B(1), and 149BA”.

Section 149 of the principal Act is amended by omitting the words “and 149B(1)”, and substituting the words “, 149B(1), and 149BA”.
“(8) 31 (1) (2) 45 s 32 32 Customs and Excise Amendment Act 2004 2004 No 55 New section 149BA inserted The principal Act is amended by inserting, after section 149B, the following section: “149BA Searching of persons for dangerous items “(1) A Customs ofﬁcer or member of the police may immediately detain and search a person to whom this section applies if, and only if, the Customs ofﬁcer or member of the police has reasonable grounds to believe that— “(a) the person has a dangerous item hidden or in clear view on or about his or her person; and the item poses a threat to the safety of the ofﬁcer or member, or any other person; and there is a need to act immediately in order to address that threat; and a search under section 149A or section 149B(1) would expose the Customs ofﬁcer or member of the police, or any other person, to greater risk from the threat.
“(2) For the purposes of this section and section 149C, dangerous item means— “(a) any ﬁrearm (as deﬁned in section 11(2) of the Aviation Crimes Act 1972); or any dangerous or offensive weapon or instrument of any kind whatsoever; or any ammunition; or any explosive substance or device, or any other injuri­ ous substance or device of any kind whatsoever that could be used to endanger a person’s safety.
“(b) “(c) “(d) “(b) “(c) “(d) “(3) If necessary, reasonable force may be used for either or both of the following purposes:— “(a) “(b) to detain the person: to search the person.

“(4) To avoid doubt, a search may be conducted under this section whether or not the person has earlier been the subject of a search under section 149A or section 149B(1).
“(5) A customs ofﬁcer or member of the police who undertakes a search under this section must, within 3 working days of the search, give a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1) to,— 46 2004 No 55 Customs and Excise Amendment Act 2004 s 34 “(a) “(b) in the case of a customs ofﬁcer, the Comptroller of Cus­ toms; and in the case of a member of the police, the Commissioner of Police.” 33 Seizure of items found Section 149C of the principal Act is amended by repealing subsection (1), and substituting the following subsections: “(1) A Customs ofﬁcer or member of the police may seize any thing found on or about a person when carrying out a search under section 149B(1), (2), or (3) that the Customs ofﬁcer or member of the police has reasonable cause to suspect is— “(a) “(b) a thing described in section 149B(l)(a), (b), or (c); or a dangerous item.
“(1A) A Customs ofﬁcer or member of the police may seize any thing found on or about a person when carrying out a search under section 149BA that the Customs ofﬁcer or member of the police has reasonable cause to suspect is— “(a) “(b) a dangerous item; or a thing described in section 149B(l)(a), (b), or (c).” 34 (1) Examination of goods subject to control of Customs Section 151 of the principal Act is amended by repealing sub­ section (4), and substituting the following subsection: “(4) The examination— “(a) may include the physical or chemical testing of, or the drilling into, or the dismantling of, the goods; and “(b) may be facilitated by any means whatever (for example, by a dog, a chemical substance, x­ray or imaging equip­ ment, or some other mechanical, electrical, or electronic device).” Section 149A(2)(b) is consequentially amended by omitting the words “or a mechanical, electrical, x­ray, imaging, or elec­ tronic device”, and substituting the words “or x­ray or imaging equipment, or some other mechanical, electrical, or electronic device”.
is consequentially the principal Act Section 172(1) of amended by omitting the words “or a”, and substituting the words “x­ray or imaging equipment, or some other”.
(2) (3) 47 s 35 (4) Customs and Excise Amendment Act 2004 2004 No 55 Section 151 of the principal Act is amended by adding the following subsections: “(7) A Customs ofﬁcer must, subject to section 173, be allowed free access to all lands, buildings, and places, and to all goods in or on any lands, buildings, or places, for the purpose of exercising powers under this section in respect of goods that are, or are suspected to be,— “(a) “(b) subject to the control of the Customs; and in a Customs­approved secure package or in a package to which a Customs seal has been applied.
“(8) Despite subsection (7), a Customs ofﬁcer must not enter a pri­ vate dwelling except with the consent of an occupier or owner of that dwelling or pursuant to a warrant issued under this Act.” 35 New sections 166A to 166F inserted The principal Act is amended by inserting, after section 166, the following sections: “166A Detention of goods suspected to be tainted property A Customs ofﬁcer or authorised person may, without warrant, seize and detain goods if— “(a) the goods are in New Zealand and he or she is satisﬁed that they either— “(i) are being, or are intended to be, exported from New Zealand; or are being, or have been, Zealand; and imported into New “(ii) “(b) “(c) the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under— “(i) “(ii) Part 5 of the Financial Transactions Reporting Act 1996 (which relates to reporting of imports and exports of cash); and this Act; or he or she has good cause to suspect that the goods are tainted property (as deﬁned in section 2(1) of the Pro­ ceeds of Crime Act 1991).
48 2004 No 55 Customs and Excise Amendment Act 2004 s 35 “166B Return of cash necessary to satisfy essential human needs “(1) The power to detain goods under section 166A does not extend to, and the Customs must if practicable return immediately, cash seized under section 166A if the Customs is satisﬁed that the cash is (or that things for which it might be exchanged are) necessary to satisfy essential human needs— “(a) of (or of a dependant of) an individual from whom the cash has been seized; and arising on, or within 7 days after, the date on which detention would otherwise be effected.
“(b) “(3) “(2) Nothing in subsection (1) requires the Customs to return any cash that the Customs is satisﬁed is not necessary for the pur­ pose speciﬁed in that subsection.

If the 7­day period referred to in section 166D(1)(a) is ex­ tended under section 166E, subsection (1) of this section ap­ plies to the extension, and the reference in subsection (1)(b) of this section to 7 days must be read as a reference to the number of days (not exceeding 21) of that 7­day period as extended.
“166C Further provisions about detention under section 166A “(1) Reasonable force may be used if it is necessary for any of the “(2) to seize goods under section 166A: to detain goods under section 166A.
following purposes:— “(a) “(b) If the person from whom goods have been seized and detained under section 166A is identiﬁed but is not present when the seizure and detention occurs (for example, because the goods concerned are in mail or cargo or in unaccompanied baggage), the Customs must make all reasonable efforts to notify that person of the detention and seizure as soon as practicable.
“(3) Goods detained under section 166A must be taken to such place of security as a Customs ofﬁcer or authorised person di­ rects, and there detained, unless section 166F applies.
“(4) Nothing in section 166A limits or affects powers under the following enactments:— “(a) “(b) Financial Transactions Reporting Act 1996: the rest of this Act (for example, Part 14): 49 s 35 Customs and Excise Amendment Act 2004 2004 No 55 “(c) Mutual Assistance in Criminal Matters Act 1992: “(d) Proceeds of Crime Act 1991: “(e) Terrorism Suppression Act 2002.
“166D Return of goods detained under section 166A “(1) In this section, investigation period, in relation to goods seized and detained under section 166A,— “(a) means the period of 7 days after the date on which the “(b) goods were seized and detained; and includes any extension of that period granted by the High Court under section 166E.
“(2) Goods seized and detained under section 166A must be re­ turned to the person from whom they were seized as soon as practicable after whichever of the following occurs ﬁrst:— “(a) the completion of all relevant investigations, if they show that the goods are not tainted property: the expiry of the investigation period.
“(b) “(3) However, the Customs need not return the goods as provided in subsection (2), and may continue to detain them until the relevant proceedings or requests (including any resulting ap­ plications) are determined if, on or before the expiry of the investigation period,— “(a) “(b) an information is laid in respect of the relevant serious offence (as deﬁned in section 2(1) of the Proceeds of Crime Act 1991); or a foreign country makes a request to the Attorney­Gen­ eral under any of the following sections of the Mutual Assistance in Criminal Matters Act 1992: “(i) section 55 (which relates to registration of for­ eign restraining orders): section 60 (which relates to the issue in New Zealand of a restraining order).
“(ii) “166E Extension of 7­day period in section 166D(1)(a) “(1) The 7­day period in section 166D(1)(a) may be extended (once only) by order of the High Court for a reasonable period up to a further 14 days if, on an application for the purpose made before the expiry of that 7­day period, that Court is satisﬁed— 50 2004 No 55 Customs and Excise Amendment Act 2004 s 35 “(a) “(b) that the good cause to suspect required by section 166A(c) exists; and that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods to be completed.
“(2) The application must be made in writing and served on the person from whom the goods were seized (if that person can be identiﬁed and located), and must include the following par­ ticulars:— “(a) “(b) “(c) a description of the goods detained: the date on which the detention commenced: a statement of the facts supporting the good cause to suspect required by section 166A(c): a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods to be completed.
“(d) “(3) The person from whom the goods were seized is entitled to appear and be heard on the application.

“(4) The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing.
“166F Custody of certain goods detained under section 166A “(1) If goods detained under section 166A are a craft, vehicle, or animal, a Customs ofﬁcer may leave those goods in the cus­ tody of either— “(a) “(b) the person from whom the goods have been seized; or any other person authorised by the Customs ofﬁcer and who consents to having such custody.
“(2) Every person who has the custody of goods under subsection (1) must, until a ﬁnal decision is made under section 166D as to whether or not they are to be returned, hold them in safe­keep­ ing, without charge to the Crown and in accordance with any reasonable conditions that may be imposed by the Customs.
“(3) A person to whom subsection (2) applies must also— “(a) make the goods available to a Customs ofﬁcer on re­ quest; and 51 s 36 Customs and Excise Amendment Act 2004 2004 No 55 “(b) not alter, or dispose of, the goods, or remove them from New Zealand, unless he or she is authorised to do so by a Customs ofﬁcer; and return the goods on demand to the custody of the Cus­ toms.” “(c) 36 (1) (2) 37 38 “(a) Failure to produce evidence of identity and entitlement to travel Section 186 of the principal Act is amended by omitting from the heading the words “and entitlement to travel”, and substi­ tuting the words “, entitlement to travel, or other matters”.
Section 186(1) of the principal Act is amended by omitting the words “of this Act”, and substituting the words “or section 147A”.

Offences in relation to arrival of craft Section 191(1)(e) of the principal Act is amended by inserting, after the words “any craft,”, the words “or being any other person (other than a Customs ofﬁcer or authorised person),”.
Offences in relation to manufacture, movement, and storage of goods Section 200(1) of the principal Act is amended by repealing paragraph (a), and substituting the following paragraphs: fails to comply with subsection (1) or subsection (4) of section 18 (which relates to Customs facilities in Customs controlled areas): “(ab) fails to comply with subsection (1) or subsection (3) of section 19H (which relates to Customs facilities in CASEs):”.
39 New sections 205A and 205B inserted The principal Act is amended by inserting, after section 205, the following sections: “205A Offences relating to failure to give Customs access to information “(1) Every person commits an offence who fails, without reason­ able excuse, to give the Customs access to information under any of sections 38D and 38E and 95A.
52 2004 No 55 Customs and Excise Amendment Act 2004 s 40 “(2) Every person who commits an offence under subsection (1) is liable on conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $5,000; or in the case of a body corporate, to a ﬁne not exceeding $15,000.

“(b) “(3) Every person commits an offence who fails, without reason­ able excuse, to give the Customs access to information under any of sections 38D and 38E and 95A in the form and manner prescribed.
“(4) Every person who commits an offence under subsection (3) is liable on conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $5,000; or in the case of a body corporate, to a ﬁne not exceeding $15,000.

“(b) “205B Offence relating to disclosing whether required to give Customs access to information “(1) This section applies to a person if the person is a person con­ cerned in the movement of goods, persons, or craft (as deﬁned in section 38A).
“(2) The person must not disclose to another person who is not the Chief Executive, a Customs Ofﬁcer, an authorised person, or an agent or employee of the person— “(a) whether the person is a person to whom section 38D or section 38E applies; or “(b) whether the person has been exempted from complying with obligations under that section.
“(3) If the person, without reasonable excuse, contravenes subsec­ tion (2), the person commits an offence and is liable on con­ viction to a ﬁne not exceeding,— “(a) “(b) in the case of an individual, $5,000: in the case of a body corporate, $25,000.” 40 New section 210A inserted The principal Act is amended by inserting, after section 210, the following section: 53 s 41 Customs and Excise Amendment Act 2004 2004 No 55 “210A Offences in relation to Customs seals and Customs­approved secure exports schemes “(1) Every person commits an offence who, without lawful justiﬁ­ cation or reasonable excuse,— “(a) “(b) “(c) applies a Customs seal to a package of goods otherwise than in accordance with the relevant notice of appoint­ ment under section 53A; or alters, removes, damages, disposes of, or otherwise interferes with a Customs seal applied to a package of goods otherwise than in accordance with the relevant notice of appointment under section 53A; or applies an approved seal or markings of the kind re­ ferred to in section 53E(1)(b) to a Customs­approved secure package otherwise than in accordance with the relevant Customs­approved secure exports scheme.
“(2) This subsection applies to a package if the package is— “(a) “(b) a package to which a Customs seal has been lawfully applied; or a Customs­approved secure package to which a seal or marking of the kind referred to in section 53E(1)(b) has been lawfully applied.

“(3) Every person commits an offence who, without lawful justiﬁ­ cation or reasonable excuse, tampers or interferes with a pack­ age to which subsection (2) applies by adding other goods to the goods in it when it was secured.
“(4) Every person who commits an offence against this section is liable on conviction to a ﬁne not exceeding,— “(a) “(b) in the case of an individual, $5,000: in the case of a body corporate, $25,000.” 41 New section 215A inserted The principal Act is amended by inserting, after section 215, the following section: “215A Offences in relation to certain detained goods “(1) Every person commits an offence who, having custody of goods pursuant to section 166F(1), acts in breach of any requirement of or imposed pursuant to section 166F(2) or (3).
54 2004 No 55 Customs and Excise Amendment Act 2004 s 43 “(2) Every person who commits an offence against subsection (1) is liable on conviction to a ﬁne not exceeding $5,000.

“(3) Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise con­ verts to his or her own use goods to which section 166F(2) and (3) applies.
“(4) Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 12 months, or to a ﬁne not exceeding an amount equal to 3 times the value of the goods to which the offence relates.” 42 Goods forfeited Section 225 of the principal Act is amended by adding the following subsection: “(6) Without limiting subsection (5), a craft is also forfeited to the Crown if— “(a) “(b) the craft is one in respect of which an offence under section 191(1)(a) or (d) is committed; and that offence was committed to facilitate non­compli­ ance with a requirement in any of sections 27 to 29 by a person or persons who arrived in New Zealand having been brought (in that craft or in any other craft) from a point outside New Zealand.” 43 New sections 281 to 282A substituted The principal Act is amended by repealing sections 281 and 282, and substituting the following sections: “281 Disclosure of information overseas “(1) The Chief Executive may disclose any information speciﬁed in section 282(1) to an overseas agency, body, or person, whose functions include— “(a) customs offences of any kind; or the prevention, detection, investigation, prosecution, or punishment of offences that are, or that if committed in New Zealand would be,— “(i) “(ii) other offences punishable by imprisonment; or the processing of international passengers at the border by public authorities; or border security; or “(b) “(c) 55 s 43 Customs and Excise Amendment Act 2004 2004 No 55 “(d) “(e) the enforcement of a law imposing a pecuniary penalty; or the protection of public revenue.
“(a) “(2) The disclosure of information under subsection (1) must be— in accordance with an agreement between the Chief Ex­ ecutive and the agency, body, or person concerned that complies with subsections (3) and (4); or in accordance with subsection (8).
“(b) “(3) The Chief Executive must not enter into an agreement for the purpose of subsection (2)(a) unless satisﬁed that it is justi­ ﬁed to help prevent, identify, or respond to violations of New Zealand law or,— “(a) in the case of an agreement with an international agency or body, to help prevent, identify, or respond to actions of a kind whose prevention or identiﬁcation, or respond­ ing to which, is among the functions of the agency or body: in any other case, to help prevent, identify, or respond to violations of the law of the State concerned.
“(4) For the purposes of subsection (2)(a), an agreement— “(b) “(a) must be in writing; and “(b) must state criteria for the disclosure of information under it; and “(i) “(c) must state, in respect of information to be disclosed,— the use that the agency, body, or person may make of it; and either— “(A) “(ii) “(B) that the agency, body, or person must not disclose it to any other agency, body, or person; or the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which, and conditions subject to which, the agency, body, or person may do so; and “(d) may state— “(i) the form in which the information may be dis­ closed: 56 2004 No 55 Customs and Excise Amendment Act 2004 s 43 “(ii) the method by which the information may be dis­ closed; and “(e) may be varied from time to time.
“(5) The Chief Executive— “(b) “(a) must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and if the Privacy Commissioner so requires, must under­ take a review of the agreement under this section, and the arrangements for disclosure under it; and as soon as practicable after conducting a review re­ quired to be undertaken under paragraph (b), must re­ port the result to the Privacy Commissioner.
“(6) The Privacy Commissioner must not require the Chief Execu­ tive to undertake a review of an agreement under subsection (5)(b) within 12 months of last doing so.

“(c) “(7) This section does not limit the general powers.

of the Chief Executive to enter into agreements not related to the disclosure of information with any overseas agency, body, or person.
“(8) The Chief Executive may disclose information to an overseas agency, body, or person without a written agreement speciﬁed in subsection (2)(a) if— “(a) “(b) the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of customs offences of any kind or of other offences punishable by imprisonment; and the information is disclosed subject to conditions stat­ ing— “(i) the use that the agency, body, or person may make of it, and either— “(A) “(ii) “(B) that the agency, body, or person must not disclose it to any other agency, body, or person; or the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which, and conditions subject to which, 57 s 43 Customs and Excise Amendment Act 2004 2004 No 55 “(9) the agency, body, or person may do so; and “(c) the Chief Executive makes and keeps a record of— the information that was disclosed; and “(i) the agency, body, or person to which it was dis­ “(ii) closed; and “(iii) the conditions subject to which it was disclosed.
If, before the commencement of this Act, the Government of New Zealand or Chief Executive has entered into any agree­ ment or arrangement with any overseas agency, body, or per­ son and that agreement or arrangement could have been made or entered into under this section, the agreement or arrange­ ment continues and has effect as if it had been made or entered into under this section.

This subsection prevails over subsec­ tion (4).


“(10) The Chief Executive must not disclose any information under subsection (8) unless satisﬁed that it relates to a suspected vio­ lation of New Zealand law or,— “(a) in the case of disclosure to an international agency or body, to a suspected action of a kind whose prevention or identiﬁcation, or responding to which, is among the functions of the agency or body: in any other case, to a suspected violation of the law of the State concerned.
“(b) “282 Information that may be disclosed “(1) The information that may be disclosed under section 281 is— “(a) “(b) airline passenger and crew lists: craft movements (which may include passenger and crew lists): past travel movements of speciﬁed people: “(c) “(d) previous convictions of speciﬁed people: “(e) general history of speciﬁed people (which may include associates and networks): “(f) modus operandi of speciﬁed people: “(g) known currency and other ﬁnancial transactions of rele­ vant interest, including involvement in money launder­ ing: intelligence analysis assessments and reports:— “(h) 58 2004 No 55 Customs and Excise Amendment Act 2004 s 43 “(i) “(j) details of mail interceptions: personal identiﬁcation details (which may include photographs, distinguishing features, and details of identity or travel documents): “(k) names and details of Customs personnel, freight for­ warding and transport personnel, and personnel in the trade and travel business: details of known or suspected involvement of persons in illicit activities.
“(l) “(2) Section 281 does not prevent or limit any disclosure of infor­ mation otherwise than under that section that may be required or authorised by or under law, or any treaty, agreement, or ar­ rangement concluded by the Government of New Zealand.

“282A Customs may for certain purposes collect, use, or disclose certain information “(1) This section applies to information viewed by the Customs under any of sections 38G to 38K, and to information to which the Customs is given access under section 95A.
“(2) The Customs may collect, use, or disclose the information for any of the following purposes (and, in the case of personal in­ formation, despite anything in information privacy principles 2, 3, 10, or 11 of the Privacy Act 1993): “(a) customs offences of any kind; or exercising or performing a power, function, or duty under this Act: the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if commit­ ted in New Zealand would be,— “(i) “(ii) other offences punishable by imprisonment: the processing of international passengers at the border by public authorities: the protection of border security: the protection of the health and safety of members of the public.
“(b) “(c) “(d) “(e) “(3) To avoid doubt, if the information is personal information and is disclosed by the Customs to an agency, body, or person under subsection (2) and for a purpose speciﬁed in that sub­ section, then the agency, body, or person— 59 s 44 Customs and Excise Amendment Act 2004 2004 No 55 “(a) is authorised by this section to obtain and collect that information for that purpose; but “(b) may keep, use, or disclose that information only in ac­ cordance with the Privacy Act 1993.
“(4) Section 281 applies, with all necessary modiﬁcations, to the disclosure of the information to an overseas agency, body, or person whose functions include— “(a) customs offences of any kind; or the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if commit­ ted in New Zealand would be,— “(i) “(ii) other offences punishable by imprisonment; or the processing of international passengers at the border by public authorities; or border security; or the protection of the health and safety of members of the public.
“(b) “(c) “(d) “(5) Nothing in this section limits section 38L(3)(a) or section 38O.” 44 (1) Regulations Section 286(1) of the principal Act is amended by inserting, after paragraph (b), the following paragraph: “(ba) prescribing the form and content of, and the procedure to be followed in making, an application for an area to be licensed as a CASE:”.
Section 286(1) of the principal Act is amended by inserting, after paragraph (g), the following paragraph: (2) “(ga) prescribing the form and content of outward reports required by section 34, and the manner in which, and time within which, those reports must be delivered to the Customs:”.
Section 286(1) of the principal Act is amended by inserting, before paragraph (h), the following paragraphs: (3) “(gb) prescribing, for the purposes of paragraph (e) of the deﬁnition of person concerned in the movement of goods, persons, or craft in section 38A, persons, or classes of persons, in­ volved in the carriage, handling, or transportation of goods, or persons, or both, from New Zealand to a point outside New 60 2004 No 55 Customs and Excise Amendment Act 2004 s 46 Zealand, or from a point outside New Zealand to New Zealand, for commercial purposes: “(gc) prescribing the form and manner in which the Customs must be given access to information under section 38D or section 38E or both:”.
Section 286(1) of the principal Act is amended by inserting, after paragraph (p), the following paragraph: (4) “(pa) prescribing the form and manner in which the Customs must (5) be given access to information under section 95A:”.

Section 286(1) of the principal Act is amended by inserting, after paragraph (x), the following paragraph: “(xa) prescribing, for the purposes of section 135(1)(d), 1 or more other grounds on which a registered user may be considered unﬁt to continue to be a registered user.”.
45 Chief Executive may make rules for certain purposes Section 288(1) of the principal Act is amended— (a) by adding to paragraph (a) the words “and the manner in which those reports must be delivered to the Customs”: by adding to paragraph (b) the words “and the manner in which those reports must be delivered to the Customs”: by inserting in paragraph (i), after the word “which”, the words “, and the time within which,”.
(b) (c) 46 New section 288A inserted The principal Act is amended by inserting, after section 288, the following section: “288A Use of reasonable force must be reported A Customs ofﬁcer must, within 5 working days of using rea­ sonable force under any provision of this Act, give the Chief Executive a written report on— the use of the force; and “(a) the circumstances in which it was used.” “(b) 61 s 47 47 (1) Customs and Excise Amendment Act 2004 2004 No 55 Amendments consequential on enactment of section 24 of Customs and Excise Amendment Act (No 2) 2002 and section 32 of this Act The deﬁnition of New Zealand in section 2(1) of the principal Act is amended, as from the relevant time,— (a) by omitting from paragraph (b)(ii) the expression “149(1)(a) and (b)”, and substituting the expression “149(a) and (b)” ; and by omitting from paragraph (b)(iii) the expression “149(1)(c) and (3)”, and substituting the expression “149(a) and (b) and 149B(2)”.
(b) (2) Section 225(1) of the principal Act is amended, as from the relevant time, by omitting paragraph (d), and substituting the following paragraph: “(d) dutiable or prohibited goods found in the course of a search (3) under section 144 or seized under section 149C(l):”.

Section 225(1) of the principal Act is amended by inserting, after paragraph (d), the following paragraph: “(da) dangerous items seized under section 149C(1A)(a):”.
(4) Each of the following sections is amended, as from the relevant time, by omitting the expression “149”, and substituting the expression “149A, 149B, 149C(l) and (2), 149D,”: (a) (b) section 36 of the Misuse of Drugs Act 1975; and section 38A of the Trade in Endangered Species Act 1989; and section 56A of the Wildlife Act 1953.

(c) In this section, relevant time means the close of 8 Octo­ ber 2002 (which is the commencement of section 11 of the Customs and Excise Amendment Act (No 2) 2002).
(5) 17 June 2004 29 June 2004 Legislative history Divided from Border Security Bill (Bill 53­2) as Bill 53­3A Third reading 62